If you are tired of being treated like a number, call The Law Offices of Melissa A. Day at (716) 616-0111
This was a controverted claim for chemical exposure for an accident which occurred in 2019. The claimant was working as a bus driver and alleged that she was exposed to fuel additives somehow coming out of the heating vents, and that she has been subject to repeat...
Workers’ Compensation Law § 18 provides that the claimant must give written notice of an injury to his employer within 30 days of the accident. However, the statute further provides that the failure to give timely written notice may be excused by the Board if it finds...
In the case of Patrick Feeney, WCB G2489270, we recently had a victory in front of Judge Snyder Haas on the issue of causal relationship of the claimant’s left shoulder and elbow injuries. This is an established claim per an Amended Proposed Conciliation Decision for...
When we talk about surveillance, we’re usually talking about investigators staking out a claimant, taking videos, trying to catch them doing something outside their restrictions. It’s an incredibly useful and important tool in our arsenal, especially when it comes to...
We got a win disallowing a right shoulder claim in a 01/18/2020 established claim for the upper back and neck. The claimant’s C-3, filed approximately 3 weeks later, listed the right shoulder as a claimed injury. The right shoulder MRI showed bursitis and a partial...
We recently handled a claim in which we were attempting to get a finding of 50% degree of disability with regard to temporary rates in the record. Our IME had given an opinion of 50% based on her examination, but the treating physician had consistently opined 100%....
The claim was established for occupational disease to the bilateral hands and ankles and the claimant, a landscaper, was ultimately awarded a loss of use of 15% for the hands and 10% for the ankles. In an attempt to invoke Section 44 apportionment, the carrier on...
As we approach the one-year anniversary of the beginning of the COVID-19 pandemic, many employers still require their employees to work from home. However, most employers likely do not realize the implications this responsible decision can have on potential workers’...
Listening to the news earlier today, I heard a talking-head explain she was a member of a law firm which she also described as a “Think Tank.” Now, this lawyer’s firm had strong political ties as well as, I’m sure, a practice focused on cases with political import. ...
By now, we’re all well aware that Matter of Genduso v, New York City Dept. of Edu., 164 A.D.3d 1509 (3d Dept. 2018), affirmed the principle that schedule awards are not given for particular injuries, but rather “for the residual physical and functional impairments”....
In the fall of 2021, our fabulous and fearless leader, Melissa A. Day, was sought out by Leaders Voice USA to provide enriching guidance and impart her extensive knowledge in the realm of Worker’s Compensation Law and managing a law firm. The team at Leaders Voice...
Successfully arguing the influential case of Burns v. Varriale, 9 N.Y. 3d 207 (2007), has been the highlight of Melissa Day's career as an attorney. You can now watch a video of the oral argument from this case - click here to watch the video. The video does require a...
One of the greatest things the Board ever did for carriers was include a provision in the 2018 Workers’ Compensation Guidelines for Determining Impairment (“Guidelines”) that providers need to measure range of motion of unaffected contralateral limb and use that as a...
In a recent claim, we obtained surveillance of a claimant performing activities well outside of their doctor’s restrictions. From there, we obtained social media sweep-reports. Of note, the carrier’s obligation to disclose surveillance materials applies not just...